As used in this article, the following terms
shall have the meanings indicated in N.J.S.A. 48:16-23, as amended
and supplemented: "autocab," "person" and "street."
The applicable provisions of N.J.S.A. 48:16-23
to 48:16-28, both inclusive, as amended and supplemented, shall be
complied with in the licensing and regulating of autocabs in this
article.
A.
Owners' licenses. The Township Council is hereby authorized
to issue licenses to owners of autocabs who are of good moral character
and who otherwise qualify according to the provisions of this article.
B.
Operators' licenses. The Township Council is hereby
authorized to issue licenses to operators of autocabs, whether or
not they are owners, who are capable and of good moral character and
who otherwise qualify according to the provisions of this article.
Such license shall hereinafter be referred to as an "operator's license."
[Amended 7-1-1986 by Ord. No. 86-26; 3-19-1996 by Ord. No. 96-29]
A.
Neither an owner's nor an operator's license shall
be granted to any person unless the application for such license has
been submitted to the Township Council. An applicant for an owner's
license shall be thoroughly investigated by the Chief of Police and
shall be fingerprinted and photographed. An applicant for an operator's
license shall be investigated for any criminal or motor vehicle violations
by the Chief of Police and shall be fingerprinted and photographed.
A complete report of said investigation shall be submitted to the
Township Council for its action thereon.
(1)
If, as a result of such investigation by the Chief
of Police, the applicant's character or, in the case of an applicant
for an operator's license, the applicant's driving record is found
to be unsatisfactory, the Chief of Police shall endorse on such application
his disapproval and his reasons therefor.
(2)
If, as a result of such investigation, the applicant
is found to be satisfactory, the Chief of Police shall endorse his
approval.
B.
In the event of denial, the Township Council shall
instruct the Township Clerk to notify the applicant, by certified
mail, setting forth the reasons for denial. Within five days thereafter,
the applicant may file with the Township Council a written request
for a hearing on said application, together with written exceptions
to the findings of fact upon which the Chief of Police based his investigative
report. Upon the filing of such a request, the Township Council shall
fix the time and place for a hearing and shall notify the applicant
thereof, which hearing shall be held within 10 days after the request
is filed. Within 10 days after the conclusion of the hearing, the
Township Council shall make its final decision whether to issue the
license or sustain the denial of said application.
A.
Owners' and operators' licenses shall be numbered
consecutively in their own respective classifications and shall expire
on December 31 of the year of issuance. Licenses not suspended or
revoked may be renewed annually, subject to all of the same conditions,
provisions and charges as required for the original license. Every
license shall contain the following:
B.
Every owner's license shall also include the character
and description of the vehicle.
C.
The Township Clerk shall keep a register of all licenses
granted, which register shall contain the details required by this
section.
[Amended 3-19-1996 by Ord. No. 96-29]
License fees, to cover the administrative costs
associated with processing the application, in the following amounts
shall be paid to the Clerk, who shall deliver the same to the Treasurer:
No license shall be issued by the Township Clerk
unless the applicant has filed an insurance policy with the Clerk
in accordance with the requirements of N.J.S.A. 48:16-24.
The owner of the autocab shall execute and deliver
to the Township Clerk a power of attorney, wherein and whereby the
owner shall appoint the Chief Financial Officer of the municipality
as his true and lawful attorney for the purpose of acknowledging service
of any process, out of a court of competent jurisdiction, to be served
against the insured by virtue of the indemnity granted under the insurance
policy or bond filed pursuant to N.J.S.A. 48:16-24.
A.
The Township Clerk, upon the filing of the required
insurance policy or bond, shall issue a certificate, in duplicate,
showing that the owner of the autocab has complied with the terms
and provisions of this article.
B.
The certificate shall recite the name of the insurance
company, the number and date of expiration of the policy or bond,
a description of the autocab insured thereunder and the registration
number of the same.
C.
The duplicate certificate shall be filed with the
Department of Motor Vehicles before any such car is licensed as an
autocab.
D.
The original certificate shall be posted in a conspicuous
place within the autocab.
A.
Every operator, whether owner or otherwise, shall
be supplied a badge containing the number of the license, which he
shall wear in a conspicuous place upon his person while operating
such autocab.
B.
Every owner and operator shall display the owner's
license in a conspicuous place in the autocab licensed.
Every owner's or operator's license granted hereunder may be suspended or revoked by the Township Council, after notice and hearing, for the violation of any of the provisions of this article or of the statutory provisions incorporated in § 191-19 hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be inoperative and of no effect and the license shall be surrendered to the Township forthwith, along with the badge supplied by the Township pursuant to § 191-27 hereof.
[Amended 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
